Iowa House Bill HF2115

Iowa 2023-2024 Regular Session

• Introduced: 1/23/24
• Refer: 1/23/24

Caption

A bill for an act relating to the creation of an extreme risk protective order against a person in possession of a firearm who presents a significant danger to the person's self or others, and providing penalties.

Impact

The bill introduces thorough procedures for the issuance and enforcement of extreme risk protective orders. Upon issuance, individuals are mandated to surrender firearms within 48 hours, and law enforcement agencies are tasked with developing policies for handling these firearms. If an individual fails to comply with the surrender requirements, the bill grants courts the authority to issue search warrants, thereby enhancing law enforcement's ability to ensure public safety. As such, the bill modifies existing state laws to create a clearer framework for managing individuals at risk while also instituting specific penalties for violations of the orders.

Summary

House File 2115 is designed to establish a mechanism for the issuance of extreme risk protective orders against individuals who are deemed a significant danger to themselves or others due to firearms possession. This legislation permits family members or peace officers to petition for such an order, facilitating preventive measures against potential acts of violence. The bill outlines the circumstances under which these orders can be issued, including a requirement for evidence showing that the individual presents a significant risk by possessing, shipping, or transporting firearms.

Contention

House File 2115 has spurred discussions regarding the balance between public safety and individual rights. Supporters argue that the bill is a necessary step in preventing gun violence and mitigating risks associated with firearm possession among individuals showing threatening behavior. Critics, however, raise concerns about the potential for misuse of protective orders and the implications for due process. They argue that the quick issuance of an order without sufficient safeguards could lead to unjust ramifications for individuals who may not pose an actual risk. Consequently, the discourse surrounding the bill centers on how to effectively implement measures to protect community safety without infringing on personal freedoms.